Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
Podcast - Every Case Is a New World
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Against All Odds- Part Three
Against All Odds- Part One
The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial
Podcast - Expert Witnesses, Special Issues
Podcast - Part II: The Importance of Pro Bono for Both Clients and Lawyers
Podcast - Cutting Back on Complex Cases
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience working in the Hyattsville, Maryland, Magistrate's Court and handling everyday cases involving ordinary...more
We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security,...more
The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more
Going to court can be a stressful and emotionally charged experience. Your divorce lawyer will play an important role in preparing you for court, ensuring that you understand the legal proceedings, and helping you present...more
The 2024 American Bar Association National Lawyer Population Survey puts the number of California attorneys at 175,883. This translates to 4.5 lawyers for every 1,000 residents in California. The Golden State trails only New...more
Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more
After three weeks of an intense trial, a federal murder case defended by Dinsmore trial attorneys Kenyon Meyer and Philip Longmeyer went to the jury. Their client, Bobby Smith, was facing life in prison for a woman’s 2016...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial...more
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how complex trials often leave jurors feeling overwhelmed and disengaged. He emphasizes that lawyers frequently...more
Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions...more
In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and Charitable Service...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the dangers of using both humor and sarcasm in the courtroom, while also recognizing the need to incorporate them in...more
On this episode of Litigator's Lounge, Niall McMillan and Anders Sleight discuss crucial tips for answering questions during depositions. Anders shares valuable advice, highlighting the importance of truthfulness, careful...more
Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...more
There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major...more
Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more
On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be...more
What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as...more